Canadian privacy & access decisions

The complainant alleged that the National Research Council Canada (NRC) improperly withheld information under sections 20(1)(d), 21(1)(a), 21(1)(c), and 23 of the Access to Information Act. The request concerned records related to negotiations with the Professional Institute of the Public Service of Canada (PIPSC) regarding overtime conversion. The OIC found that the NRC failed to demonstrate that the requirements for exemptions under paragraphs 20(1)(d), 21(1)(a), and 21(1)(c) were met for all the withheld information. Specifically, the OIC determined that the NRC could not establish a reasonable expectation of interference with negotiations for the information withheld under 20(1)(d), and that the NRC did not reasonably exercise its discretion for some information under 21(1)(a). However, the OIC upheld the application of section 23 for solicitor-client privilege. The Commissioner ordered the NRC to disclose certain information originally withheld under paragraphs 20(1)(d), 21(1)(a), and 21(1)(c). The NRC agreed to implement the order, and the complaint was found to be well founded.

• Whether s.20(1)(d) contractual or other negotiations exemption was properly applied
• Whether disclosure of information could reasonably be expected to interfere with third-party negotiations under s.20(1)(d)
• Whether the institution met the requirements for s.20(1)(d)
• Whether s.21(1)(a) advice or recommendations exemption was properly applied
• Whether the information constituted advice or recommendations developed by or for a government institution or minister under s.21(1)(a)
• Whether the institution reasonably exercised its discretion to disclose information under s.21(1)(a)
• Whether s.21(1)(c) positions or plans developed for negotiations exemption was properly applied
• Whether the information consisted of positions or plans developed for negotiations by or on behalf of the Government of Canada under s.21(1)(c)
• Whether s.23 solicitor-client privilege exemption was properly applied
• Whether the information constituted confidential legal advice under s.23
• Whether the institution reasonably exercised its discretion to disclose information under s.23